Appeal filed in school bond challenge

EPHRATA — An attorney representing a group of Moses Lake residents who are challenging the outcome of last February’s $135 million school construction bond election has filed an appeal with a court in Spokane this week.

George Ahrend, a Moses Lake-based attorney who specializes in appeals, said that what he is arguing before the Washington State Appellate Court’s Third District “is not substantially different” from what he argued before Grant County Superior Court Judge John Antosz late last March.

Opponents of the school construction bond measure — which just barely passed with 60.03 percent of vote after a lengthy counting and recount process — have argued since the Feb. 14 bond election that Grant County Auditor Melissa Jaederlund failed to follow state law when her office did not contact by telephone voters whose ballot signatures were either missing or did match those on file.

“The Auditor’s violation of the telephone requirement effectively disenfranchises 31 voters in an election that was decided by only two votes, and the result of the election should be set aside until a proper election can be held.” Ahrend writes in his appeal.

Antosz ruled in March that while the auditor did fail to make those phone calls, she was still “in substantial compliance” with the law because county election officials did send out notices by mail — something the law defines as a first step with disputed or unclear ballots.

Ahrend, however, stated that the fact Washington elections are conducted entirely by mail mean that mail and phone contact are essential parts of the validation process because “it is not feasible to address a missing or non-matching signature at a polling place.”

Because Jaederlund’s failure to comply with state law amounts to “misconduct,” the only remedy available to the petitioners is to have the results of the Feb. 14 election vacated, Ahrend argues in his brief.

“The statutory remedy for misconduct by an election officer is ‘annulling and setting aside’ the election,” he wrote.

Jim Mitchell, who handles civil litigation for the Grant County prosecutor’s office, said his office has no comment on pending litigation and that the county 30 days — until June 21 — to respond.

Ahrend said once the appellate court has briefs from lawyers representing all sides in this case — the county, those contesting the outcome of the election, and a group of citizens intervening on behalf of those who voted for the school bond — the court may schedule a hearing.

“The appeals court will set oral arguments if they feel they are necessary,” Ahrend said.

Charles H. Featherstone can be reached via email at countygvt@columbiabasinherald.com.